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IN RE BRYANT MANOR, LLC

Bankruptcy No. 09-41958. Adversary No. 10-7026.

434 B.R. 629 (2010)

In re BRYANT MANOR, LLC, Debtor. Bryant Manor, LLC., Plaintiff, v. Bank of America, N.A., as Successor by Merger to Lasalle Bank National Association, as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005LDP5, Defendant.

United States Bankruptcy Court, D. Kansas.

August 16, 2010.

Attorney(s) appearing for the Case

Justice B. King , Fisher, Patterson, Sayler & Smith, Topeka, KS, for Plaintiff.

Kathryn G. Lee , Keron A. Wright , Husch Blackwell Sanders LLP, Robert D. Maher , Vincent Fontg & Hansen LLC, Kansas City, MO, for Defendant.

MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS OF BANK OF AMERICA

JANICE MILLER KARLIN, Bankruptcy Judge.

This matter is before the Court on Defendant Bank of America's ("Bank of America") Motion to Dismiss.1 Bank of America claims this adversary proceeding must be dismissed because Plaintiff/Debtor Bryant Manor, LLC ("Debtor") fails to allege sufficient facts to state a claim...

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